Can I File a Personal Injury Claim for Emotional Distress?

Emotional distress is one of the crucial factors for the recovery of a person from personal injury. It denotes a person’s mental suffering. When a person gets in an accident, they usually tend to pursue claims for the damages that are physical. The person gets the claims for the treatment of injury, wages lost due to the accident, repairs of damages done to the property, etc. However, people generally overlook the damage done by the emotional distress that the accident has caused.

Emotional distress can be called as non-economic damage. This damage can also be involved in the claim for personal injury. The symptoms of emotional distress are a loss of sleep, panic attacks, fear, anxiety, etc. Emotional distress can have a major impact on the well-being of the person. There is no specific definition of psychological distress. It differs from person to person. Josh Clayton Law firm is one such firm that deals with emotional distress claims.To make a claim for emotional distress needs proof of the psychological trauma.

Points that can help to make a claim for emotional distress are listed below:

  • Physical injury: Emotional distress can have secondary effects in the form of physical manifestations. The person should make a note of the physical distress like headaches, anxiety fear, etc. which are caused as a sign of emotional distress.
  • Duration and magnitude: Post-traumatic stress disorder is suffered by the person undergoing a trauma. The intensity and the period of such psychological distress can help you claim personal injury. The court may consider recurrent and persistent psychological distress and warrant the claim.
  • Co-relation of cause: If you can prove that the cause of the emotional distress is accident can help you in filing a personal injury claim.
  • Documentation by a medical practitioner: The opinion of a medical professional carries a lot of significance in the court. The physical injuries get healed by the passage of time. During the healing period, the person suffers from various emotional distress. Proper intimation of such distress to the doctor can help you solidify your claim.

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